Protecting Immigrant Survivors of Crime
Empowering Immigrant Survivors: Reducing Barriers, Protecting Rights.
The Issue
Without the protections that lawful immigration status provides, undocumented immigrants in the U.S. are especially vulnerable to violence, exploitation, and abuse, and time and again, this causes them to become victim-survivors of crime. Women, in particular, are at a higher-risk of experiencing this violence, and when they do, it is frequently gender-based. Fearful of being deported or separated from their families, immigrant victim-survivors are often hesitant to report the crimes committed against them and seek law enforcement’s help. The U-Visa, a nonimmigrant legal status for immigrants who have been victims of certain qualifying crimes, aims to minimize this fear and encourage reporting.
U-Visa Backlog & Delays
U-Visa Backlog
Statutory Cap: 10,000 U-Visas annually
USCIS can only issue U-Visas to around 1/3 the number of petitioners who apply annually, leading to a backlog of pending U-Visa applications
Pending Primary U-Visa Apps*: 207,133
*as of 2023
BFD Delays
The BFD process is now plagued by the same delays found in the waiting list process it was intended to improve upon. U-Visa peitioners are still waiting years to get benefits.
Negative Impact of Delays: Without deferred action or parole, petitioners have no explicit protection from deportation. They’re more likely to remain in exploitative underground work, unable to access affordable healthcare or other public benefits.
USCIS Solution: BFD Process
2021: Bona Fide Determination (BFD)
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Petitioners can receive deferred action and employment authorization while their applications await full adjudication
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Application is determined “bona fide” based on initial evidence requirements and completion of background checks
USCIS Solution: BFD Process
“I wish they would be able to speed it up with a work permit. I have a kid. I’m a single mother, and bringing more money to my house is important because my son depends on me.”
~Norma, U-Visa Applicant
POLICY RECOMMENDATIONS: Congress should pass the WISE Act or DHS should implement policies or publish regulations that make adjudication for interim benefits within six months mandatory.